Citation Nr: 22013979
Decision Date: 03/11/22	Archive Date: 03/11/22

DOCKET NO. 18-14 233A
DATE: March 11, 2022

ORDER

The appeal for entitlement to service connection for a right knee disability is dismissed.

The appeal for entitlement to service connection for a left knee disability is dismissed.

The appeal for entitlement to service connection for a left shoulder disability is dismissed.

The appeal for a disability rating in excess of 40 percent for lower back degenerative arthritis is dismissed.

The appeal for a compensable disability rating for bilateral hearing loss is dismissed.

FINDING OF FACT

In February 2022, prior to the promulgation of a decision in the appeal, the Board received notification from the Veteran that a withdrawal of this appeal is requested.

CONCLUSIONS OF LAW

1. The criteria for withdrawal of the appeal for entitlement to service connection for a right knee disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

2. The criteria for withdrawal of the appeal for entitlement to service connection for a left knee disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

3. The criteria for withdrawal of the appeal for entitlement to service connection for a left shoulder disability have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

4. The criteria for withdrawal of the appeal for a disability rating in excess of 40 percent for lower back degenerative arthritis have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

5. The criteria for withdrawal of the appeal for a compensable disability rating for bilateral hearing loss have been met.  38 U.S.C. § 7105; 38 C.F.R. § 19.55.

REASONS AND BASES FOR FINDING AND CONCLUSIONS

The Veteran served on active duty from August 1983 to March 2004.  He was awarded the Kosovo Campaign Medal, among other many other decorations reflecting his meritorious career with the Air Force.

This matter arises from several decisions by the Agency of Original Jurisdiction.  The Veteran perfected a timely appeal to the Board of Veterans' Appeals (Board).  However, in March 2022, the Veteran's representative submitted the Veteran's February 2022 request to withdraw his pending appeals.  The request is signed and dated by the Veteran and indicates that he understands withdrawing the appeal will end further adjudication of the appeal by VA, as he indicated he is satisfied with his current ratings.  We observe also that the Veteran is currently receiving VA compensation for multiple disabilities at the 100 percent rate.

The Board may dismiss any appeal which fails to allege specific error of fact or law in the determination being appealed.  38 U.S.C. § 7105.  An appeal may be withdrawn as to any or all issues involved in the appeal at any time before the Board promulgates a decision.  38 C.F.R. § 19.55.  Withdrawal may be made by the appellant or by his or her authorized representative.  38 C.F.R. § 19.55. 

In the present case, the Veteran has submitted an unambiguous written statement withdrawing his appeal in the entirety.  This document included his name, claims folder number and signature.  See 38 C.F.R. § 19.55.  Thus, the Veteran validly withdrew these claims.  Hembree v. Wilkie, 33 Vet. App. 1 (2020).  

Hence, there remain no allegations of errors of fact or law for appellate consideration and the appeal is dismissed.

 

 

T. MAINELLI

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	Harter, Heather J.

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.